VW Environmental Mitigation Trust Fund, Ice Miller LLP

VW Environmental Mitigation Trust Fund

In September 2015, Volkswagen admitted it secretly manufactured and installed illegal defeat devices in almost 500,000 diesel vehicles. As a result, these vehicles emitted nitrogen oxides (“NOx”) up to 40 times the EPA-permitted limits. On Oct. 25, 2016, a judge in the United States District Court for the Northern District of California approved an Amended Partial Consent Decree that, among other things, will create a $2.7 billion “Environmental Mitigation Trust” to fund projects to reduce emissions of NOx. A second settlement, approved in May 2017, adds $225 million to the trust. This money will be allocated to the states based roughly upon the number of diesel vehicles sold in each respective state. For instance, Indiana’s allocated share will be about $40.9 million, Ohio’s allocated share will be about $75.3M and Illinois’ allocated share will be about $108.7M. The purpose of these funds is to reduce NOx emissions from diesel engines through engine and vehicle replacements and associated infrastructure projects. Thus, this program applies to any eligible diesel vehicle or engine, not just those manufactured by Volkswagen. On March 15, 2017, the court appointed Wilmington Trust, N.A. as Trustee of the Environmental Mitigation Trust, and Wilmington Trust filed the final trust agreements on Oct. 2, 2017.

Below are relevant documents, articles and website links pertaining to the VW Environmental Mitigation Trust Fund. If you have any questions or would like to suggest that something be added to this page, please contact Don Snemis at 317-236-2341 or donald.snemis@icemiller.com.

Wilmington Trust

Wilmington Trust’s VW Environmental Mitigation Trust Website: www.vwenvironmentalmitigationtrust.com/
March 15, 2017: Court’s Order Appointing Wilmington Trust as Trustee of the Environmental Mitigation Trust
February 23, 2017: United States’ Unopposed Motion to Appoint Wilmington Trust as Trustee

Indiana Beneficiary Mitigation Plan

March 25, 2019: IDEM requests proposals for replacement or repowering of on-road or non-road diesel-powered vehicles. The deadline for requests is June 17, 2019. The RFP and additional information can be found at: www.in.gov/idem/airquality/2712.htm.
IDEM’s Volkswagen Mitigation Trust Website: www.in.gov/idem/airquality/2712.htm
October 2018: Final Indiana Beneficiary Mitigation Plan
Aug. 29, 2018: Draft Indiana Beneficiary Mitigation Plan
Jan. 22, 2018: IDEM's Revised Beneficiary Mitigation Plan (Draft Framework)
Jan. 17, 2018: IDEM Announces Public Meetings to Discuss Indiana's Beneficiary Mitigation Plan
Nov. 21, 2017: Indiana’s Certification for Beneficiary Status (click here for Certification) and Exhibits (click here for Exhibits)
Oct. 12, 2017: Indiana Governor Eric Holcomb’s Press Release on Appointment of VW Committee Members
Oct. 4, 2017: Indiana Governor Eric Holcomb’s Executive Order 17-22
Oct. 2017: Beneficiary Mitigation Plan (Draft Framework) Request for Information

Ohio Beneficiary Mitigation Plan

Ohio EPA’s VW Settlement Website: http://epa.ohio.gov/oee/EnvironmentalEducation.aspx#131365122-vw-mitigation-grants
May 31, 2018: Ohio's Final Beneficiary Mitigation Plan
Dec. 7, 2017: Ohio EPA's Draft Beneficiary Mitigation Plan
December 2017: Ohio EPA's VW Plan Development Slideshow
Nov. 3, 2017: Ohio’s Certification for Beneficiary Status
Oct. 3, 2017: Update: VW Mitigation Fund Planning
March 13, 2017: Ohio’s VW Mitigation Fund Planning Overview

Illinois Beneficiary Mitigation Plan

Illinois EPA’s Volkswagen Settlement Website: https://www2.illinois.gov/epa/topics/air-quality/driving-a-cleaner-illinois/vw-settlement/Pages/default.aspx
Feb. 27, 2018: Illinois EPA's Draft Beneficiary Mitigation Plan
Nov. 21, 2017: Illinois’ Certification for Beneficiary Status

Court Documents

Oct. 2, 2017: United States’ Notice of Filing of Trust Agreements
Oct. 2, 2017: Environmental Mitigation Trust Agreement for State Beneficiaries
Sept. 21, 2017: Court's Order Approving Trust Agreements
Sept. 6, 2017: United States' Motion for Court Approval of Finalized Trust Agreements
Sept. 6, 2017: Proposed Environmental Mitigation Trust Agreement for State Beneficiaries
Sept. 6, 2017: Proposed Environmental Mitigation Trust Agreement for Tribe Beneficiaries
June 15, 2017: Settling Defendants Made Payment of $225 Million into the Court Registry
May 17, 2017: Order Approving Second Partial Consent Decree
Dec. 20, 2016: Second Partial Consent Decree (3.0 Liter Vehicles)
Nov. 22, 2016: Settling Defendants Made Initial Deposit of $900 Million in Mitigation Trust Payments into the Court Registry
Oct. 25, 2016: Eligible Mitigation Actions (App. D-2 to the Amended Partial Consent Decree)
Oct. 25, 2016: Initial Allocation of Funds to the States (App. D-1 to the Amended Partial Consent Decree)
Oct. 25, 2016: Partial Consent Decree
Oct. 25, 2016: Court’s Order Granting Motion to Enter Proposed Amended Consent Decree

Articles and Publications

January/February 2017: Volkswagen Settlement Mitigation Fund May Help Counties, Indiana News 92, Donald M. Snemis.
Jan. 11, 2017: EPA Press Release on VW’s guilty plea
Nov. 18, 2016: EPA’s Webinar for Prospective Beneficiaries to the Mitigation Trust Under the Partial Settlement with Volkswagen
November 2016: EPA’s Frequently Asked Questions (FAQ) for Beneficiaries to the Volkswagen Mitigation Trust Agreement (2nd Ed.)
September 2016: “USEPA’s ‘Partial Settlement’ With Volkswagen Earmarks $38.9 Million for Indiana Diesel, NOx Emission Reduction Projects,” Kellie L. Walsh, Greater Indiana Clean Cities Coalition, Inc.

Miscellaneous

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This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.

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Donald M. Snemis

Partner | Indianapolis

donald.snemis@icemiller.com

317-236-2341

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